Department of Indian Affairs and Northern Development 11.7

Transcription

1 Department of Indian Affairs and Northern Development 11.7 Funeral Costs General Principle A supplement may be provided to pay necessary funeral costs of any person who dies in BC if the estate of the deceased person or any responsible person has no immediate resources to meet these costs. There is no requirement for the deceased person or the person s family to be Income Assistance recipients to qualify for the funeral supplement. Costs are to be recovered whenever possible. Definitions See Definitions section, under INAC's Social Development Policy and Procedures Manual, Vol 1, BC Region, for income assistance, disability assistance, hardship assistance or a supplement. Policy Eligibility Criteria Necessary funeral costs may be paid for persons who die in BC when no resources are available from the estate of the deceased person or from any responsible persons. If there are sufficient resources available to the responsible persons or from the estate, the Administering Authority will not pay the funeral supplement. Co-funding may be considered when resources available to responsible persons or from the estate cannot pay the entire cost. There is no requirement that the deceased person or the person s family be Income Assistance recipients to qualify for the supplement. Any funeral expenses paid by the Administering Authority are a debt due to the Administering Authority and may be recovered. Administering Authority clients who were Income Assistance recipients immediately prior to their death, and who were temporarily outside of BC, but within Canada, may be eligible for a funeral supplement if prior approval is granted by the Administering Authority. Social Development Policy and Procedures Manual (v3) June

2 The Administering Authority does not pay for any funeral service costs that are incurred outside of BC if the deceased person was not an Income Assistance recipient. Funeral service costs for non-recipients may be paid if the body is transported back to BC at no cost to the Administering Authority. For procedures to follow in determining eligibility for Administering Authority assistance to pay funeral costs, see Procedures Determining Eligibility for Funeral Costs. For further details on the eligibility for funeral costs, see Contacts and Resources. Legal Representative Determining the legal representative, usually the nearest relative, is based in part upon Section 5(1) of the Province of British Columbia s Cremation, Internment and Funeral Services Act, and is in the order listed below. a) the personal representative named in the will of the deceased; b) the spouse of the deceased; c) an adult child of the deceased; d) an adult grandchild of the deceased; e) if the deceased was a minor, a person who was a legal guardian of the person of the deceased at the date of death; f) a parent of the deceased; g) an adult sibling of the deceased; h) an adult nephew or niece of the deceased; i) an adult next of kin of the deceased, determined on the basis provided by sections 89 and 90 of the Province of British Columbia s Estate Administration Act; j) an adult person having a personal or kinship relationship with the deceased, other than those referred to in paragraphs (b) to (d) and (f) to (j). If the person at the top of the order of priority is unavailable or unwilling to give instructions, the right to give instructions passes to the person who is next in priority. If the right to control the disposition of human remains or cremated remains passes to persons of equal rank, the order of priority: a) is determined in accordance with an agreement between or among them; or, b) in the absence of an agreement begins with the eldest of the persons and descends in order of age. 2 Chapter 11, Other Benefits (v3) June 2011

3 The legal representative is responsible for making decisions (such as burial or cremation) related to the funeral arrangements and arranging for payment of the costs. If there are no relatives to assume this responsibility, the INAC Estates Officer may request the Administering Authority to assume the role and make arrangements for services and payment to the funeral services provider. For more information, see Policy Disposition of Human and Cremated Remains. The legal representative must first apply to the Administering Authority to determine eligibility for payment of funeral services costs. Requests for payment of costs must come from the legal representative, not the funeral services provider. Information required by the Administering Authority includes all of the following: a) name and address of the deceased; b) name of the next of kin; c) a statement of the deceased s income and assets; and d) a request to the Administering Authority to cover funeral costs. Once eligibility for payment of funeral services costs has been established, arrangements can be made. For more information see Procedures Determining Eligibility for Funeral Costs. The decision on how the deceased person s remains are disposed is made by the legal representative. Once the decision regarding disposition is made by the legal representative, the Administering Authority pays the necessary costs up to the maximum limits noted in this policy. Disposition of Human and Cremated Remains Where the Administering Authority has control of disposition, the Administering Authority will choose immediate disposition and cremation unless the rules, practices and beliefs respecting disposition held by people of the religious faith of the deceased are a factor, or the deceased has indicated a preference with respect to disposition as laid out in the CIFSA. If the Administering Authority has control of the human remains and the deceased has expressed a written preference in a will or pre-need cemetery or funeral services contract respecting the disposition of his or her cremated remains as outlined in the CIFSA, then the Administering Authority will fulfill the preference of the deceased in accordance with the CIFSA and INAC policy. Where the Administering Authority has control and chooses cremation, the Administering Authority will follow the provincial cremation policy. 3 Chapter 11, Other Benefits (v3) June 2011

4 Funeral Provider s Basic Service Fee Where eligibility for service has been established, whether burial or cremation is chosen, the Administering Authority will pay a funeral provider s basic service fee up to the amount shown in Rate Table: Funeral Costs Funeral Provider s Basic Service Fee. This basic fee covers the cost of an immediate disposition and must include, at a minimum, the following: a) Transporting a deceased person s body 32 kilometres or less within British Columbia; b) Completing and filing the registration of death; c) Obtaining a burial or cremation permit; d) Professional and staff services including: counselling and co-ordination with the legal representative of deceased; co-ordination with the crematorium and cemetery; e) Preparing a deceased person s body for burial or cremation including: basic sanitary care; and, casketing; f) Use of facilities and equipment of a funeral services provider including: preparation room; refrigeration; parking; and, service areas; g) Transfer of the deceased from the funeral home to the cemetery or crematorium. Other Items or Services Fee Other items or services are considered in addition and incidental to the services provided under the basic service fee. These services must be requested by the family and agreed upon between the funeral services provider and the legal representative of the deceased: a) co-ordination of bereavement rites and ceremonies; b) attendance of staff services and visitation; c) preparation of the deceased including embalming, dressing, hairdressing; and, d) use of a funeral home or chapel facilities and equipment for a memorial and funeral services. 4 Chapter 11, Other Benefits (v3) June 2011

5 Not all of these items will be requested all of the time. The funeral services provider may charge up to the maximum amount shown in Rate Table: Funeral Costs Other Items or Services Fee. These additional fees are to be itemized on the Funeral Services Billing form (SA 108). Transportation Where eligibility for service has been established, whether burial or cremation is chosen, the Administering Authority will pay for transportation of the body within BC. For transportation fees within BC, see Rate Table: Funeral Costs- Transportation Fee. For Administering Authority clients who die in Canada and were INAC Income Assistance recipients immediately prior to their death, where eligibility for service has been established, the Administering Authority may pay the cost of either: preparing the deceased person s body for transport and transporting the body to British Columbia, if the burial or cremation is to take place in British Columbia; or, transportation within the Canadian province or territory in which the death occurred, if the burial or cremation is to take place within that province or territory. The Administering Authority will provide payment at the lowest reasonable cost and only if prior approval has been obtained. For further information regarding outof-province deaths, see Contacts and Resources. Caskets Where eligibility for service has been established, whether burial or cremation is chosen, the Administering Authority will pay for either or both of the following: a) an Imperial #2 HP cloth-covered casket (or equivalent) at actual invoiced factory cost, plus a merchandising mark-up of up to 20 per cent, plus the cost of freight to the funeral home; b) additional cost of casket for oversized remains. A lower cost casket will be used when requested by the legal representative. 5 Chapter 11, Other Benefits (v3) June 2011

6 Burial Where eligibility for service has been established and burial is chosen, the Administering Authority will pay the following in addition to the funeral service provider s service fee: a) cost of a burial plot: in British Columbia in an amount not to exceed the lowest reasonable cost: where cemeteries in the local area offer different price ranges, the lowest priced burial plot is to be used; grave opening and closing fees. b) where required by the cemetery, the cost of a concrete grave liner, hermetically sealed rigid container, plastic body pouch, or outer grave box or liner. Burial outside the local area, but within BC, may be authorized when the total costs that would be payable for transportation, plot, grave opening and closing fees, grave liner, container, pouch and box are not greater than what would be paid for local burial. The Administering Authority may determine what is considered to be the local area for burial purposes. Cremation Where eligibility for service has been established and cremation is chosen, the Administering Authority will pay the following in addition to the funeral service provider s service fee: a) cremation fees; b) an urn at a cost of up to the amount shown in Rate Table: Funeral Costs Cost of Urn; c) cost of a cremation plot in British Columbia in an amount not to exceed the lowest reasonable cost: where cemeteries in the local area offer different price ranges, the lowest priced cremation plot is to be used; d) grave opening and closing fees; e) where required by the cemetery, the cost of a concrete grave liner. Burial of the cremated remains outside of the local area, but within BC, may be authorized when the total costs that would be payable for a cremation plot, grave opening and closing fees and grave liner are not greater than what would be paid for local burial. Cremated remains may only be returned to the legal representative [see Policy Legal Representative] of the deceased. 6 Chapter 11, Other Benefits (v3) June 2011

7 Additional Items The Administering Authority will not pay for additional items and services purchased by other parties. Anyone, including responsible persons, who wish to purchase additional goods or services (i.e., those not listed in this policy), may do so. When responsible persons purchase upgrades to goods and services paid for by the Administering Authority, (for example, upgrades to a casket or plot), the cost of these upgrades will be deducted from the amount payable by the Administering Authority. Co-funding may be considered when resources available to responsible persons or from the estate cannot pay the entire cost. For example, if the spouse of the deceased wishes to upgrade the casket, the funeral supplement will be reduced by the amount the spouse spent on the upgrade. However, if the spouse wishes to buy a special flower arrangement, eligibility for the supplement is not affected. If the deceased person s brother wishes to upgrade the casket, eligibility is not affected since he is not included in the definition as a responsible person. Burial Outside of the Local Area When the deceased is buried outside of the local area and two funeral directors provide services, the fees will be divided between the two directors as follows: a) 60 per cent of the funeral provider s service fee will be allotted for preparation of the body, certification of death, and casketing in the area where the death occurred; b) the remaining 40 per cent of the funeral provider s service fee will be paid to the funeral director in the burial area; c) the cost of the casket will be paid to the funeral director in the area where the death occurred. Burial on a First Nations Reserve Where eligibility for service has been established, if the person was residing off a First Nations reserve at the time of death, and burial is to take place on a reserve within BC, the provincial Ministry of Social Development will pay any or all of the following: a) 60 per cent of the funeral provider s service fee to a local funeral director for preparation of the body and certification of death; b) the cost of the casket to the local funeral director; c) transportation of the body to the reserve. The balance of the funeral service costs will be the responsibility of the Administering Authority. 7 Chapter 11, Other Benefits (v3) June 2011

8 Cost Recovery Requests for Administering Authority funding for funeral costs are often diverted when legal representatives are made aware of alternative sources that may be available to the deceased person s estate. It is essential that Administering Authority staff initiate cost recovery whenever possible. Under no circumstances may the amount recovered from any source exceed the amount of the funeral services costs paid by the Administering Authority. If the deceased person was a recipient of INAC Income Assistance, the assistance cheque for the month of death is the property of the estate, and any subsequent cheques are to be reclaimed from the estate. Whenever possible, the Administering Authority staff member will request reimbursement from the legal representative for all funeral services costs paid by the Administering Authority. To assist the legal representative in locating and accessing the financial assets of the deceased, the Band Social Development Worker will provide the information needed to discharge the legal representative s responsibilities. This information may include any of the following: a) name and address of next of kin; b) statement of income and assets; c) location of any safety deposit boxes. The following may be potential sources for payment or recovery of funeral costs: a) assets of the deceased person (including bank accounts, RRSPs); b) Canada Pension Plan Death Benefit [see Contacts and Resources]; c) alternative sources related to the cause of death, such as: Insurance Corporation of BC (if motor vehicle accident) [see Contacts and Resources]; Workers Compensation Board (WCB) (if related to the workplace) [see Contacts and Resources]; WCB Victim s Assistance (if a homicide); d) Last Post Fund for veterans. Last Post Fund The Last Post Fund (LPF) operates in co-operation with, and is financially supported by, Veterans Affairs Canada and provides funeral and burial services for war veterans or civilians who meet wartime service eligibility criteria. Deceased veterans may be entitled to burial arrangements through the LPF. For information on the LPF, contact Veterans Affairs Canada, see Contacts and Resources. 8 Chapter 11, Other Benefits (v3) June 2011

9 Funeral Costs Authorities and Responsibilities Band Social Development Worker is responsible for: reviewing the SA 108 form for accuracy authorizing payment forwarding the SA 108 form to Funding Services Officer forwarding the SA 108 form to Estates Officer initiating cost recovery procedures where applicable issuing payments to funeral services providers Funeral Service Provider is responsible for: completing the Funeral Services Billing (SA 108) form and submitting it to the Administering Authority Funeral Services Rate Table Funeral Item Funeral provider's basic service fee Up to $1285 Other items or services fee Up to $815 Transportation fee Funeral Rate Kilometres 0 to 32 is included in funeral provider's basic service fee Kilometres 33 to 82 is $1.00 per km Kilometres 83 to 182 is $0.90 per km Kilometres above 182 is $0.60 per km Cost of urn Up to $200 9 Chapter 11, Other Benefits (v3) June 2011

10 Procedures Eligibility Applicant or Recipient Documentation and Forms Funeral Services Billing (SA 108) form Budget and Decision Form (901-25) Social Development Financial and Statistical Report (DCI #455895) All other required income assistance documents Resources Instructions for the Funeral Services Billing (SA 108) form (see Vol. 3, Appendix 8) Determining Eligibility for Funeral Costs To determine eligibility for Administering Authority assistance with funeral costs for a deceased person, the Administering Authority staff shall complete the following steps: 1. Contact the deceased person s legal representative and review the funeral arrangements that are being requested. [For further details on legal representatives, see Policy-Legal Representative]. 2. Review the financial situation of the deceased person with the legal representative. 3. Confirm what resources are or may be available for funeral costs, including the deceased person s assets, resources available from any of the responsible persons, contributions from family members, and possible alternate sources of payment for funeral costs. 4. Contact Service Canada regarding eligibility for the CPP Death Benefit. The Administering Authority worker is to review the request for funeral services with the legal representative if Service Canada advises there is eligibility for the CPP Death Benefit. The Administering Authority worker is also to confirm with the legal representative whether there are resources to pay out of the estate or from any other sources for the funeral costs prior to applying for reimbursement from Service Canada. If there is eligibility for the CPP Death Benefit and the legal representative verifies there are no immediate funds to pay for the funeral services, the Administering Authority worker is to proceed with the application. If there is no eligibility for the CPP Death Benefit and the legal representative confirms there are no available resources, proceed with application [See Procedures Cost Recovery]. 5. Determine allowable funeral costs that are covered in policy and allowable costs as set out in the Funeral Services Rate Table. 6. Provide the legal representative and funeral services provider with information on how upgrades and co-funding may impact the amount of the funeral supplement [See Policy Additional Items]. 10 Chapter 11, Other Benefits (v3) June 2011

11 7. Advise the legal representative and the service provider of the eligibility decision regarding funeral costs and the funeral arrangements. 8. For costs approved by the Administering Authority, advise the funeral services provider to submit a Funeral Services Billing (SA 108) form, an original or certified true copy of the invoice/contract and, if available, an original or certified true copy of the Death Certificate [see Contacts and Resources] if available. In a cost recovery situation, administering authority may apply for a death certificate if an original or certified true copy is not available [See Procedures- Death Certificate]. 9. If the deceased person was a recipient, record the following information: Name, contact information and relationship of the legal representative Verification of available income, assets and available resources Available supporting documentation, such as a will Funeral arrangement requested Eligibility decision Payment after the fact should be very rare and will only be considered if the funeral costs have not yet been paid and the responsible persons can prove there are no resources available to them (for example, the money was borrowed or the responsible persons must repay a 3rd party and there are no available resources with which to do so). Paying Funeral Costs To process payment for funeral costs, follow these steps: 1. Review and complete the Funeral Services Billing (SA 108) form for accuracy and authorize payment by completing Section B: check for funeral director s signature. 2. Place a copy in the eligible recipient s file for the burial expenditure. 3. Forward a copy of the SA 108 form and the original or certified true copy of the invoice/contract to the Estates Officer. Cost Recovery If the deceased person had a will, the executor is responsible for paying for the funeral costs from the deceased person s estate, and the Administering Authority is rarely involved. Prior to making an eligibility decision in cases where a will exists, Administering Authority staff must obtain a copy of the will, and most recent bank statements and a profile of the deceased person s financial situation from the financial institution in order to verify the need for Administering Authority assistance with funeral costs. For deceased persons without a will, the legal representative [see Policy Legal Representative] has the primary responsibility for accessing sources of funds for paying funeral costs. The Administering Authority staff is responsible for following 11 Chapter 11, Other Benefits (v3) June 2011

12 up with the legal representative to initiate recovery of funeral costs paid by the Administering Authority from funds that may be received for the deceased person s estate following the funeral. CPP If the deceased person may be eligible for the Canada Pension Plan (CPP) Death Benefit, a claim should be completed by Administering Authority staff with the family's permission as soon as possible (where appropriate) and directed to the nearest CPP office [see Contacts] using Human Resources and Social Development Canada (HRSDC) Application for a Canada Pension Plan Death Benefit (ISP1200). For general information on eligibility for the CPP Death Benefit, contact HRSDC [see Contacts and Resources]. Death Certificate A death certificate or a certified copy of a death certificate is required for claiming the CPP Death Benefit and for assisting the legal representative with accessing the financial assets of the deceased. A death certificate should be obtained if it is needed to access financial assets or if the deceased is eligible for the CPP Death Benefit. To apply for a death certificate, a designated Administering Authority staff member may provide a paper copy of the Application for Death Certificate. Payment should made as described on the form and copy attached to Budget and Decision Form (901-25). These payments are eligible only when cost recovery is being made. Otherwise, funeral costs do not require a copy of the death certificate. Paper method: Clients applying for a death certificate complete the Application for Death Certificate, and provide it to administering authority staff for processing payment. These forms may be photocopied, obtained directly from the Vital Statics Agency in your area. To process an application for a death certificate, Administering Authority staff follows these steps: 1. Photocopy the form. for client file 2. Attach payment to Application form 3. Ensure Budget and Decision Form (901-25) is completed in full 4. Send the form to Vital Statistics Agency at: Vital Statistics Agency PO Box 9657 Stn Prov Govt Victoria BC V8W 9P3 12 Chapter 11, Other Benefits (v3) June 2011

13 Budget and Decision Form (901-25) The Budget and Decision Form (901-25) is used to document the expenditure of the approved Funeral Costs as follows: 1. Comment section - indicate Funeral Costs ; 2. Under Burial section write amount of expenditure under Monthly Requirements, for Current Month; 3. Signatures of both the legal representative and Administering Authority; All required documentation (i.e., copy of the funeral service invoice, SA 108 form) is to be attached to the form. The Funeral Costs is charged to the basic needs budget. Social Development Financial and Statistical Report (DCI#455895) The Administering Authority is to document the Funeral Cost expenditure as: 1. Under Health Benefits and Burials; 2. Enter number of clients; 3. Enter amount of burial expenditure that will be included in Total Health, Burials and Assessment Expenditures (C). 13 Chapter 11, Other Benefits (v3) June 2011

14 14 Chapter 11, Other Benefits (v3) June 2011